§ 32-172. Failure to complete improvements

For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the city, the plat approvals shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the city may:

(1) Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;

(2) Suspend final plat approval until the public improvements are completed, and may record a document to that effect for the purpose of public notice;

(3) Obtain funds under the security and complete the public improvements itself or through a third party;

(4) Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the property; or

(5) Exercise any other rights available under the law.

(Ord. No. 549, § 10.264, 12-22-2009)